The Docket: Circuit Court Roundup for 8.19.10

The Docket is a listing of recent civil lawsuits filed in nearby courts that RBS believes are of interest to its readers. By listing these cases, RBS is not implying guilt or innocence of either party or whether the claims alleged in each suit have any merit. It is merely a tool for local business people.

Dawn Phipps v. East Coast Contracting Inc. and Wilmer N. Ricks and Gwen Frost
Plaintiff hired East Coast Contractors through Wilmer N. Ricks, whom she believed to be the firm’s agent to repair damage to her home in the 9300 block of Kendrick Road following a fire in June of 2008.  The contract was executed in the name of East Coast Contractors.  The plaintiff believed the defendant to be a licensed contractor.  Unknown to the plaintiff, Rick’s license had been suspended in 2005 by the Virginia Board of Contractors and he did not represent East Coast Contractors, but East Coast Contracting.  Plaintiff alleges that the defendant did not obtain the required building permits or required inspections. The plaintiff paid the defendant $27,697.53. The work began in June but was incomplete and of poor quality. Plaintiff gave defendant $5,000 to complete the work.  Plaintiff alleges defendant did not return to the site.  Plaintiff dismissed the defendant in October when she discovered he was not a licensed contractor.  In late October or early November, the other defendant, Frost, contacted the plaintiff and demanded payment.  Frost had a lien against the plaintiff.  In February 2009, Chesterfield County District Court dismissed a warrant in debt against the plaintiff filed by Frost.  Plaintiff is seeking over $696,000 in compensatory and punitive damages.
Law Firm:  Larry D. Catlett
Filed:  9/24/2010  CL10002655


CDA Pan Chester LLC v. Wireless Outlet Inc.
Three garnishment orders in the amount of $136,638.10 each
Law Firm:  Vandeventer Black LLP
Filed:  10/12/2010  CL10002791, CL10002792, CL10002793

CDA Pan Chester LLC v. Think Wireless
Three garnishment orders for $136,638.10 each.
Law Firm:  Vandeventer Black LLP
Filed:  10/12/2010  CL10002788, CL10002789, CL10002790

City of Richmond

BBR Print, Inc. dba James River Press v. The Christopher Company LLC
Plaintiff alleges that the defendant purchased printing services and incurred charges of $51,209.82 of which $15,500 has been paid. The last payment by the defendant was on October 10, 2008, for $10,000. Plaintiff is seeking a judgment of $32,709.82, as well as legal costs.
Law Firm:  Caudle & Caudle
Filed: 10/8/2010  CL10004260

Cynthia O’Keefe v. Wal-Mart Stores East, LP, Wal-Mart Stores, Inc. and Wal-Mart
Plaintiff slipped on a liquid while approaching the checkout lanes in the Mechanicsville store in full view of employees and manager on October 14, 2008.  She is seeking $45,000 in damages.
Law Firm:  Bucci & Dix LLC
Filed:  10/12/2010  CL10004278

Dylan Talley v. Commonwealth Energy Systems, LLC and Stephen A. Smith
Plaintiff is seeking $3.5 million in compensatory damages and $500,000 in punitive damages as a result of injuries sustained when the defendant struck the plaintiff at the intersection of route 676 (Hermitage Road) and route 623 (Manakin Road) in Goochland County on July 18, 2008.  Plaintiff alleges defendant was drunk.
Law Firm:  Emrock & Kilduff
Filed:  10/12/2010  CL10004324

Bonitz Flooring Group Inc. v. Prestige Construction Group Inc.
Plaintiff was hired as a subcontractor for the defendant for the renovation of the bookstore at J. Sargeant Reynolds Community College Downtown Campus. Defendant has paid the plaintiff $13,000 but has refused to pay the remaining $22,204.79. Plaintiff is seeking the balance owed and reasonable attorney fees.
Law Firm:  The Law Office of Christopher G. Hill PC
Filed:  10/13/2010  CL10004327

The Sherwin-Williams Company v. McDaniel’s Custom Painting, LLC

Plaintiff alleges defendant owes $20,004.03.
Law Firm:  Solodar and Solodar
Filed:  10/13/2010  CL10004328

Travelers Casualty and Surety Company of America v. The Keeney Corporation
The plaintiff is the subrogee and assignee of the Virginia Podiatric Medical Association and entered into an association management agreement with the defendant to provide exeucutive management for VPMA, including collecting membership dues, payment of bills.  From August 2007 through June 2009, Chris Stitler, an employee of the defendant, defrauded the VPMA by writing checks to herself and forging the signature of the  defendant’s president, Bruce B. Keeney, Sr., in the amount of $103,291.07.  Plaintiff is seeking restoration of the funds stolen and attorney fees.
Law Firm:  Henrichsen Siegel PLLC
Filed: 10/13/2010  CL10004335

Harlan Schufeldt and Susan Shufeldt v. R. D. Levasseur, Inc.
The plaintiffs hired the defendant to replace three decks, stairs and railings at their home in the 2400 block of Loreines Landing Lane in Henrico County in February 2009.  The price agreed to by both parties was $9,079 for labor and materials.  Shortly after the work had been completed, the plaintiffs noted the wood warping and the lifting of deck boards and “railing failure.”  The defendant did some repairs and suggested the wood be allowed to season and he would return in the spring 2010.  The plaintiffs asked for all the decks, stairs and railings be replaced or return the money paid. Plaintiffs are asking for $26,000, plus interest and attorney fees.
Law Firm:   Candfield, Baer & Heller LLP
Filed: 10/13/2010  CL10004339

Harvey C. Johnson III v. Sue Kitchen T/A Padow’s Hams and Deli

Plaintiff is seeking $49,500 in damages as a result of falling while walking near the area with water and ice in the City Hall Padow’s on May 17, 2010.
Law Firm:  Leonard W. Lambert & Associates
Filed:  10/13/2010  CL10004347

Wallenius Wilhelmsen v. Allfreight Worldwide Cargo, Inc.

Plaintiff shipped goods for the defendant as instructed by the defendant on March 15, 2010, April 2, 2010 and April 11, 2010 and the defendant owes the plaintiff for shipping and storage in the amount of $38,296.14 and interest.
Law Firm:  Steingold & Angelidis, PLC
Filed:  10/14/2010  CL10004358

Lyon Financial Services, Inc. dba Usbancorp Manifest Funding Services v. Valley Logistics Services Inc. and Thomas Faulkner
Plaintiff funds equipment lease and purchase agreements and is seeking funds in the amount of $55,267.99 from the defendant for leases dating from 2004-2006.  The plaintiff is also seeking attorney fees of $13,816.99.
Law Firm:  Steingold & Angelidis, PLC
Filed:  10/14/2010  CL10004360

StanCorp Mortgage Investors, LLC v. Ginter Place Associates, LLC

Plaintiff is seeking an order compelling the sale of real property as a result of a judgment by Richmond Circuit Court on August 25 in favor of StanCorp in the amount of $186,343.30, plus interest and attorney fees.  The property is formerly part of Richmond Memorial Hospital on Westwood Avenue
Law Firm:  Kepley Broscious & Biggs PLC
Filed:  10/14/2010  CL10004362

Manufacturing System Services, Inc., dba MSS Software v. Networks Unlimited LLC
Defendant submitted a purchase order from the plaintiff for 14 Intermec CK30 Complete Kits with MSS Vista Software Preloaded in August 2009.  Plaintiff is seeking $33,882.52.
Law Firm:  Steingold & Angelidis PLC
Filed:  10/14/2010  CL10004377

Henrico County

The Third JMJ Corporation v. Omnipoint Communications Cap Operations, LLC and Mobilite Investments, LLC

Plaintiff rents real estate to entities that erect, maintain and operate cell towers.  The defendant constructs, operates and maintains cell towers.  The plaintiff and defendant have had an agreement since March 2005 for the rental and operation of a cell tower located at 6031 Nile Mile Road.  Plaintiff is seeking the enforcement of a clause of the contract that prevents assignments and/or transfers of interest in the lease without prior written consent from the landlord.  The defendant has four new tenants and equipment and refuses to renegotiate the contract with the plaintiff.  The plaintiff is seeking a trial to interpret the contract and determine if there has been a breach by the defendant.
Law Firm:  Thomas O. Bondurant, Jr.
Filed:  9/28/2010  CL10002792

Davis Brothers Construction Company, Inc. v. Edward T. Hayes, Trustee, Mount Vernon Baptist Church, Vincent B. Lofton, Sr., Trustee, Mount Vernon Baptist Church, Jeffrey Randolph, Trustee, Mount Vernon Baptist Church, Herman Lewis, Trustee, Mount Vernon Baptist Church, Robert Johnson, Trustee, Mount Vernon Baptist Church, Lottie Cosby, Trustee, Mount Vernon Baptist Church, Judson W. Collier, Jr., Co-trustee; Colonial Trust Company, Corporate Co-trustee, Trste Inc., Corporate Trustee and Wachovia Bank, National Association
Plaintiff is seeking a lien and judgment in the amount of $44,423,70 and associated costs on the remainder owed by the defendants for a construction contract of a new sanctuary agreed to in November 2008.
Law Firm:  WallacePledger, PLLC
Filed:  9/30/2010  CL10002790

Emily Helmboldt and Jakob Helmboldt v. Old Wood, Ltd.

Plaintiffs hired the defendant to to expand and remodel their home in the 1700 block of West Chaffin Road in July 2005. The original plan was to remodel the kitchen, removing the kitchen wall and converting an attached screened-in porch to create an office for Ms. Hemboldt. The defendant suggested a second floor extension and examined the foundation to be sure it was sufficient for a second story. Work began in October 2005 and the plaintiffs noticed uneven plaster applied to the kitchen walls; uneven floors and unlevel second floor. They are seeking $75,000 for breach of contract.
Law Firm:  Coates and Davenport
Filed:  10/12/2010  CL2900  

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